ILLINOIS POLLUTION CONTROL BOARD

July 22,

1993

COUNTY OF OGLE,

Petitioner,

v.

)

AC 92—26

Docket B

ROCHELLE DISPOSAL SERVICE,

)

(Administrative Citation)

INC.,

and CITY OF ROCHELLE,,

ILLINOIS,

Respondent.

OPINION AND ORDER OF THE BOARD

(by

G.

T.

Girard):

This matter

is before the Board on an administrative

citation

(AC)

filed by the County of Ogle pursuant to the

Environmental Protection Act.

(415 ILCS 5/1 et seq.

(1992).)

The citation was filed on April

2,

1992,

and alleges that

respondents,

Rochelle Disposal Service

(Rochelle Disposal)

and

the City

of Rocheile

(Rochelle)

violated Section 21(0) (12)

of the

Act by conducting

a sanitary landfill operation

in

a manner which

resulted

in

a

failure to collect and contain

litter from the site

by the end of each operating day.

Both respondents

filed a petition for review with the Board,

Rochelle on May

4,

1992,

and Rochelle Disposal

on April

15,

1992.

A hearing was held

on February 11,

1993,

in the Ogle County

Courthouse,

Oregon,

Illinois,

at which no members of the public

were present.

On May 20,

1993,

the Board issued an order finding

that the cited violation had occurred and imposed

a five hundred

dollar

($500.00)

fine.

The Board also directed the Clerk

of the

Board and the County to file affidavits declaring their hearing

costs.

On May

26,

1993,

the Clerk of the Board

filed an affidavit

stating that the Board’s hearing costs were one thousand ninety

one dollars and ninety five cents

($1,091.95).

The County filed

an affidavit on June

21,

1993,

stating that the County’s costs

were one hundred twenty eight dollars and eight cents

($128.08).

Therefore,

the total hearing costs to be assessed against

respondent are one thousand two hundred twenty dollars and three

cents

($1,220.03).

This opinion constitutes the Board’s findings of

facts and

conclusions of law

in this matter.

ORDER

1.

It

is

hereby ordered that within

30 days

of the date of

this order,

respondent shall,

by certified check or

---

2

money order payable to the State of Illinois,

designated for deposit to the General Revenue Fund,

pay

as compensation for hearing costs incurred by the Board

the amount of one thousand ninety one dollars and

ninety five cents

($1,091.95) which

is to be sent by

First Class mail to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O.

Box 19276

Springfield,

IL

62794—9276

2.

It

is

hereby

ordered

that

within

30

days

of

the

date

of

this

order,

respondent

shall,

by

certified

check

or

money

order,

payable

to

the

Ogle

County

Treasurer,

pay

as

compensation

for

hearing

costs

incurred

by

Ogle

County the amount of one hundred twenty eight dollars

and eight cents

($128.08)

which

is to be sent

by First

Class mail to:

Ogle County Treasurer

Ogle County Courthouse

P.O.

Box 40

Oregon,

IL

61061

3.

This docket

is hereby closed.

IT IS SO ORDERED.

Section

41

of

the

Environmental

Protection

Act

(415

1LCS

5/41)

provides for the appeal of final Board orders within

:35

days.

The Rules of the Supreme Court of Illinois establish

filing requirements.

(See also,

35

Ill.

Adm.

Code 101.246,

Motions

for

Reconsideration.)

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

that

the

above

opinion

and

order

was

adopted

on

the

___________________

day

of

‘~/‘7

1993,

by

a

vote

of

2--c

.

~

~

Dorothy

M.

G~fnn,Clerk

Illinois Pollution Control Board